Powers of Attorney Act 2014

If a person is exercising a power, carrying out a function or performing a duty under this Act for a principal under an enduring power of attorney who does not have decision making capacity in relation to one or more matters, the person—

must do so in a way that is as least restrictive of the principal's ability to decide and act as is possible in the circumstances; and

in doing so must ensure that, the principal is given practicable and appropriate support to enable the principal to participate in decisions affecting the principal as much as possible in the circumstances.

If an attorney under an enduring power of attorney is making a decision about a matter on behalf of a principal who does not have decision making capacity in relation to that matter, the attorney must—

give all practicable and appropriate effect to the principal's wishes; and

take any steps that are reasonably available to encourage the principal to participate in decision making, even though the principal does not have decision making capacity; and

act in a way that promotes the personal and social wellbeing of the principal, including by—

recognising the inherent dignity of the principal; and

having regard to the principal's existing supportive relationships, religion, values and cultural and linguistic environment; and

respecting the confidentiality of confidential information relating to the principal.